(a) No person, firm or corporation shall cause, suffer, or permit the storage of hazardous materials:
(1) In a manner which violates a provision of this title or any other local, federal or state statute, code, rule or regulation relating to hazardous materials; or
(2) In a manner which causes an unauthorized discharge of hazardous materials or poses a significant risk of such unauthorized discharge.
(b) The fire chief shall have discretion to exempt an applicant from any specific requirement of this title, other than the requirements for underground storage tanks, set forth in Chapter 17.10, or to require an applicant to meet additional or modified requirements, where such action would be appropriate and consistent with achieving the general obligation of this title for protecting public health, safety and welfare.
(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)
(b) All such hazardous materials shall be contained in conformity with Chapter 17.12 or, for underground storage, Chapter 17.10.
(c) The storage of such hazardous materials shall be in conformance with the approved hazardous materials management plan.
(Ord. 4002 § 1 (part), 1990: Ord. 3496 § 1, 1983: Ord. 3435 § 1 (part), 1983)
Unless otherwise expressly stated, whenever used in this title, the following terms shall have the meanings set forth below:
(a) "Abandoned," when referring to a storage facility, means out of service and not safeguarded in compliance with this title.
(b) "Acutely hazardous material" means any chemical designated an extremely hazardous substance which is listed in Appendix A of Part 355 of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations.
(c) "Facility" means an area, a building or buildings, appurtenant structures and surrounding land area used by a single business entity at a single location or site.
(d) "Hazard class" means Explosives A, Explosives B, Explosives C, blasting agents, flammable liquids, combustible liquids, flammable solids, oxidizers, organic peroxides, corrosive materials, flammable gases, nonflammable gases, Poisons A, Poisons B, irritating materials, etiologic agents, radioactive materials, and Other Regulated Materials (ORM) A, B, C, D and E. For purposes of this title, the U.S. Department of Transportation (DOT) definitions in 49 Code of Federal Regulations (CFR) part 173 as amended, shall be utilized; however, whenever the definitions in 49 CFR 173 refer to transportation or hazards associated with transportation, they shall be deemed to refer to storage or other regulated activity under this title.
(e) "Hazardous material" means any material that because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous wastes, and any materials which a handler has a reasonable basis for believing would be injurious to the health and safety or harmful to the environment if released into the workplace or the environment. For purposes of this title, chlorofluorocarbons (CFCs) shall be considered hazardous materials.
(f) "Officer" means the fire chief, officer or employee assigned by the city to administer this title, or any designee of such officer or employee.
(g) "Permit" means any hazardous materials storage permit issued pursuant to this title, as well as any additional approvals thereto.
(h) "Permit quantity limit" means the maximum amount of hazardous material that can be stored in a storage facility. Separate permit quantity limits will be set for each storage utility for which a permit is obtained in accordance with the requirements of this title.
(i) "Permittee" means any person to whom a permit is issued pursuant to this title, and any authorized representative, agent or designee of such person.
(j) "Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, or association. "Person" also includes any city, county, district, the federal government, to the extent authorized by federal law, or the state or any department or agency thereof, including, but not limited to, the campuses of the California Community Colleges, the California State University, and the University of California.
(k) "Pipe(s)" means pipeline system(s) which are used in connection with the storage of hazardous materials exclusively within the confines of a facility and which are not intended to transport hazardous materials in interstate or intrastate commerce or to transfer hazardous materials in bulk to or from a marine vessel.
(l) "Primary containment" means the first level of containment, such as the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.
(m) "Product-tight" means impervious to the hazardous material which is contained, or is to be contained, so as to prevent the seepage of the hazardous material from the primary containment.
To be product-tight, the container shall be made of a material that is not subject to physical or chemical deterioration by the hazardous material which it contains over the useful life of the container.
(n) "Responsible person(s)" or "persons responsible" means permittees under this title, owners, managers and persons responsible for the day-to-day operation of any facility subject to this title.
(o) "Secondary containment" means the level of containment external to and separate from the primary containment.
(p) "Single-walled" means construction with walls made of only one thickness of material. Laminated, coated, or clad materials shall be considered as single-walled.
(q) "Storage facility" means any one or combination of tanks, sumps, wet floors, waste-treatment facilities, pipes, vaults or other portable or fixed containers, used, or designed to be used, for the storage of hazardous materials at a facility or for the transportation of hazardous materials to a treatment system, for authorized discharge; provided that the provisions of this title shall not apply to tank cars which meet all requirements of the U.S. Department of Transportation, while such tank cars are used for the transportation of hazardous material, as such term is used in the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq. "Transportation" does not include the use of tank cars to store regulated materials.
(r) "Sump" means a pit or well in which liquids collect or pass through.
(s) "Unauthorized discharge" means any release or emission of any hazardous material which does not conform to the provisions of this title, unless such release is in accordance with the release regulations of the Bay Area Air Quality Management District and California Air Resources Board, or with a National Pollutant Discharge Elimination System Permit, or with waste discharge requirements established by the Regional Water Quality Control Board pursuant to the Porter Cologne Water Quality Act, or with local sewer pretreatment requirements for publicly owned treatment works.
(t) "Wet floor" means a floor which is used to routinely collect, contain or maintain standing liquids or to transmit standing liquids on a more or less continuous basis.
(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)
Whenever the approval or satisfaction of the city may be required under this title for a design, monitoring, testing or other technical submittal by an applicant or permittee, city may, in its discretion, require such applicant or permittee, at such applicant's or permittee's sole cost and expense, to retain a suitably qualified independent engineer, or chemist, or other appropriate professional consultant, acceptable to city, for the purpose of evaluating and rendering a professional opinion respecting the adequacy of such submittal to achieve the purposes of this title. The city shall be entitled to rely on such evaluation and/or opinion of such engineer, chemist or professional consultant in making the relevant determinations provided for in this title.
(Ord. 4002 § l (part), 1990: Ord. 3435 § l (part), 1983)